Archie v. Catahoula Correctional Center

Filing 35

RULING re 32 REPORT AND RECOMMENDATIONS re 31 REPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss Petition filed by Pat BookREPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss Petition filed by Pat Book, 28 MOTION to Dismiss Petition filed by Pat BookREPORT AND RECOMMENDATIONS re 31 REPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss Petition filed by Pat BookREPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss Petition filed by Pat Book, 28 MOTION to Dismiss Petition filed by Pat B ookREPORT AND RECOMMENDATIONS re 31 REPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss Petition filed by Pat BookREPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss Petition filed by Pat Book, 28 MOTION to Dismiss Petition filed by Pat Book. Signed by Judge Dee D Drell on 7/10/09. (crt,Lundy, N)

IN ALEXANDRIA~LA.

RECEIVED

JUL 102009
TONY R. MO0R~ LERK C

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

BY--57~7

STEVON ARCHIE -vsJAMES LeBLANC, et al.

CIVIL ACTION NO. 1:08-cv-01381 JUDGE DRELL MAGISTRATE JUDGE KIRK

RULING

The required de novo review of tbis case reflects clearly that the suit, filed in state court, is principally based upon the Constitution ofthe United States, and the claims are primarily in the nature of a civil rights suit. Individuals (and not the State of Louisiana, as suggested in the objections) are the named defendants. Plaintiff had two opportunities to give his deposition, the second time under a direct order from the Court to do so. The Amended Report and Recommendation and the proposed dismissal sanction is appropriate, correct, and will be approved by separate judgment. SIGNED on this /19d~y of July, 2009, at Alexandria, Louisiana.

~ UNITED STATES DISTRICT JUDGE